David Chmiel | Construction Executive Liability claims in construction are increasing in frequency and complexity. Make sure your company is prepared to wade through the legal waters. A priority for every construction firm, regardless of size, is the effective management of risk. The industry is rife with dangers, more than any other. Too often, risks—of… Continue reading Four Steps to Effectively Manage Rising Risk of Construction Liability Claims
Category: Insurance
Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related
Geoffrey B. Fehling and Joseph T. Niczky | Hunton Insurance Recovery Blog A recent decision in federal court in Montana provides another example of different standards applied to assessing “related claims” under directors and officers (D&O) liability insurance policies. In this instance, the district court found that two class action lawsuits were related because they involved the… Continue reading Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related
Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy
Scott Keffer | Zelle Recently, the U.S. District Court for the Northern District of Texas, Dallas Division, granted an insurer’s motion for summary judgment, finding that the insured’s hail damage claim under a 2022 policy should have been brought under the prior policy in effect at the time of the alleged loss. Gann et al. v.… Continue reading The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy
Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify
David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: a duty to defend and a duty to indemnify. A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims: An insurance company’s duty to defend is distinct… Continue reading Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify